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Tag Archives: family law attorney

chronology of divorce casesAs you are undoubtedly aware, divorce cases can drag on for months and even years, preventing the parties from moving on with their lives. But why does it take so long? The lifespan of a divorce begins even before either party files for dissolution of marriage under the Illinois Marriage and Dissolution of Marriage Act, and lasts until a full agreement has been reached. Many cases involve complex circumstances that take longer to sort out. Below you will find more information on the main phases of a divorce.

Filing of a Petition for Dissolution

Your case officially begins when your lawyer files a petition in court. Once the petition is filed, you can wait before telling your spouse, if it is to your advantage, but you cannot wait forever. An attorney can help you decide when the time is right to ask the sheriff to serve your spouse with divorce papers.

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joint custody agreementsWhether individual parents originally wanted to share custody with their ex or not, they often find themselves in formal, court-ordered joint custody arrangements. Each parent needs to figure out how to make the best of the situation for themselves and, more importantly, for their children.

Key Points

Figure out the channel of communication that will work best for you and your ex. Phone calls, texts, emails, or even face-to-face meetings (without kids present) are the likely options, but if those do not work, there are other methods to help you, such as computer programs that can help provide a channel of effective communication between you and your ex-spouse. There is simply no way to avoid communication, so consider which of the many options will be the easiest and least stressful way for you and your ex to talk effectively about your child’s life. Effectively communicating with your ex when emergencies arise that will impact your child’s regular schedule will ensure there is no added stress on your child when the change occurs.

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unmarried parents child custodyWhether parents are married or not, many of the same issues and emotions are present within the context of a child custody case. Both parents may be petitioning the court for custody rights, visitation time, and/or child support in regards to any children they have in common. However, there are some important considerations for unmarried parents to take note of in the context of a child custody case, not all of which would be relevant to married parents.

Parental Rights

Generally, both unmarried mothers and unmarried fathers have a right to custody of their minor child provided that they are not considered to be unfit parents or otherwise unable to care for the child. While maternity is easily established, an unmarried father may have an initial issue with petitioning a court for custody if he is not listed on the child’s birth certificate or if the mother does not acknowledge paternity. This situation would likely lead the father to seek to establish paternity in a parentage action before the court in order to legally be declared the father of the minor child. Once it is properly proven that each parent has a right to the child and is not unfit to be a parent, the parties can ask the court to make relevant determinations regarding the child, such as physical custody, legal custody, visitation, and child support. While the issue of parentage is certainly not the only consideration for unmarried couples to be aware of in a child custody case, it is arguably the most common.

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property division illinois divorceDuring a divorce proceeding, the parties may attempt to come to an agreement about the way in which they will divide their marital property between them. However, if they are unable to come to an agreement, or if their agreement is found to be unfair and unconscionable, it is up to the Illinois Courts to divide the marital estate between the divorcing parties in a way it sees fit. The court employs the law as a guideline in making a property determination within a divorce decree.

Equitable Distribution

Illinois state law follows the concept of equitable distribution in dividing marital property. This allows the court to make a property determination based on fairness and may not involve a perfect 50/50 split of marital property awarded to each party. The court will separate what is classified as marital property from what is considered separate property, and will equitably divide the marital property between divorcing spouses.

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same-sex marriage, Illinois marriage law, Illinois law, family lawyer, Chicago family lawyerAn article recently published by The Windy City Times discussed same-sex couples being legally allowed to marry across the state of Illinois. Beginning on June 1st, the state’s Religious Freedom and Marriage Equality Act took effect across the state, giving same-sex couples the right to marry and enjoy all of the same rights and privileges as married heterosexual couples. A number of counties had allowed same-sex couples to procure marriage licenses for the past several months in advance of the law taking effect, in light of a federal ruling in February that the state’s ban on same-sex marriage was unconstitutional. Other counties decided to wait until the law went into effect this month to issue marriage licenses to same-sex couples.

Couples Seeking Marriage Licenses

Despite the Federal Court’s ruling in February, county clerk’s offices in Illinois who did accept early applications were not overrun with same-sex marriage license requests. Many of them surmised that this was perhaps because couples wanted to wait to plan their ceremonies and weddings for the summer months, since the licenses are only valid for 60 days. Another reason couples may have put off getting their marriage license right away is because a portion of the Religious Freedom and Marriage Equality Act allows couples who have already entered into a civil union to backdate their licenses to the date of their union, without the need for a new ceremony or a new fee. This rule did not apply until June 1st.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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